Environmental Protection Act 1990 - Part IIA Contaminated Land: statutory guidance edition 2

This document promulgates revised statutory guidance for the operation of the contaminated land regime following implementation of the Contaminated Land (Scotland) Regulations 2005. It replaces the earlier 2000 version.

PART 2: Definition of Terms

E.7 Unless otherwise stated, any word, term or phrase given a specific meaning in Part IIA of the Environmental Protection Act 1990, or in the statutory guidance in Chapters A, B, C, or D has the same meaning for the purpose of the guidance in this Chapter.

E.8 In addition, for the purposes of the statutory guidance in this Chapter, the term "cost recovery decision" is used to describe any decision by the enforcing authority, for the purposes either of section 78P or of sections 78H and 78N, whether:

(a) to recover from the appropriate person all of the reasonable costs incurred by the authority in carrying out remediation; or

(b) not to recover those costs or to recover only part of those costs (described below as "waiving or reducing its cost recovery").

E.9 Any reference to "Part IIA" means "Part IIA of the Environmental Protection Act 1990". Any reference to a "section" in primary legislation means a section of the Environmental Protection Act 1990, unless it is specifically stated otherwise.


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